Search Results for "Limitation Act"

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Search Results for "Limitation Act"

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Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control Case Upholding Condonation of Delay. High Court's Order Setting Aside Ex-Parte Eviction Decree and Remanding for Merits Was Found Without Error, as Delay of 175 Days Was Bona Fide Under Section 5 of the Limitation Act, 1963.

7 Oct 2021

The dispute arose from rent control proceedings initiated by the appellant-landlord against the respondent-tenants before the Rent Controller. The evi...

Supreme Court

Supreme Court Allows Consumer Appeal in Electricity Billing Dispute, Interpreting Limitation Under Section 56 of Electricity Act, 2003. The court held that the two-year limitation period under Section 56(2) bars recovery of additional charges from the date the sum first became due, based on billing error, and remanded the case for fresh consideration.

5 Oct 2021

The dispute arose when the appellant, a cotton yarn manufacturer in Panipat, Haryana, received a short assessment notice from the electricity distribu...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Directors in Insolvency Case on Maintainability and Limitation Grounds. Application under Section 7 of Insolvency and Bankruptcy Code, 2016 Filed by Power of Attorney Holder is Maintainable and Not Barred by Limitation Due to Acknowledgments Extending Period Under Section 18 of Limitation Act, 1963.

30 Sep 2021

The dispute arose from an application filed by Union Bank of India (Financial Creditor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 ag...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

Supreme Court

Supreme Court Dismisses Appellant in Insolvency Appeal Due to Statutory Limitation Bar. The Court upheld the NCLAT's refusal to condone a 44-day delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, ruling that Article 142 of the Constitution cannot override specific statutory time limits.

14 Sep 2021

The dispute arose from insolvency proceedings initiated by the State Bank of India against Dunar Foods Limited under Section 7 of the Insolvency and B...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The Court held that the appeal remained maintainable despite a defendant's death as the legal representative was already on record, and affirmed the High Court's decision based on insufficient evidence to prove title under the Code of Civil Procedure, 1908.

1 Sep 2021

The dispute involved a civil suit for declaration of title and recovery of possession of a house in Hyderabad. The Plaintiffs, P. Ishwari Bai and her ...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute Due to Failure to Establish Title and Upholds High Court's Evidence Appreciation. Appeal Maintained Despite Death of Defendant as Legal Representative Was Already on Record Under Order XLI Rule 4 of Code of Civil Procedure, 1908.

1 Sep 2021

The dispute originated from a suit for declaration of title and recovery of possession filed by P. Ishwari Bai (first plaintiff) and her husband Narso...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against High Court Order Condoning Delay in Appeal from Divorce Decree. Delay in filing appeal from Family Court decree under Special Marriage Act, 1954 is condonable under Section 5 of Limitation Act, 1963 as Section 29(3) excludes only original suits, not appeals, and special laws do not expressly exclude Sections 4 to 24.

23 Jul 2021

The Supreme Court dismissed a Special Leave Petition challenging a High Court order that condoned the delay in filing an appeal against a divorce decr...

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